Facing Criminal Charges over Allegations of Date Rape?
Don’t panic or lose hope. Call Attorney Jack B. Carroll today!
Date Rape falls under the purview of Sexual Assault (another word for rape) under the Texas Penal Code. Date Rape, acquaintance, marital, and statutory rape, along with child sexual molestation, are all classified as Sexual Assault, a Second-degree felony. Punishments can be harsh; 2 to 20 years in prison and a fine of no more than $10,000, or both.
But depending on the circumstances, date rape can become a First-degree felony if the suspect used one of several “date rape” drugs. This bumps the charge to Aggravated Sexual Assault. And this very serious felony draws a prison term of up to 99 years, a $10,000 fine, and lifetime registration as a sex-offender.
This is because a section of the Texas assault code states that: if it’s clear that a rape victim cannot be reasonably expected to defend themselves or resist the assault, the “aggravated” escalation or “enhancement” could justify elevating the charges to the more serious First-degree felony.
When Does Date Rape Occur?
The typical scenario that commonly associated with this crime finds a man and woman out on a date. The man then allegedly puts something in her drink that either incapacitates her or renders her unconscious. He allegedly does this for the purpose of taking her home and having sex with her. There are several drugs associated with date rape, all of which come in pill, liquid, or powdered form. They are:
- Rohypnol (also known as “roofies”)
- Gamma hydroxybutyric acid (GHB, or liquid ecstasy)
- Ketamine (Special K). These drugs may come as pills, liquids, or powders.
Date rape needn’t involve two people who might have a romantic interest in the other. Date rape can occur among friends, acquaintances, and even from time-to-time take place in a doctor-patient relationship.
I once tried a case here in Houston for sexual assault/date rape, which my client was accused of lacing his dates drink with rophenol and valium. The woman alleged that my client was performing a sex act on her while she was sleeping. My client was previously convicted of stalking in another state and the offer was 30 years in prison.
During the trial, we had a visiting judge; his name was Robert Jones. Judge Jones was infamous for being abusive to defense attorneys and defendants during trial. The case was extremely difficult. The prosecutor of the case, who went on to become a federal prosecutor and who is now a highly respected judge, put on a solid case, but the judge was so abusive to defense counsel that the jury was left scratching their head as to what was really going on. In a few hours of deliberations, the jury came back with a not guilty verdict and the judge stormed off the bench. A few days later, I ran into one of the jurors. She told me that the reason they voted not guilty was that the judge was so abusive that they felt the trial was not fair. Who knows, we may have won without the extra-judicial behavior of the trial judge. But being abusive to Defense Counsel, who is doing his best for his client, doesn’t benefit the judicial process.
In my many years of experience defending date rape sex crimes in Houston, I’ve found that a large number of these serious allegations are nothing more than instances of regret after the woman had consensual sex with her partner. In these instances, she feels some sort of ill will “the morning after,” and no law was actually broken. And now, with the #metoo movement, and President Obama’s letter to colleges to lower sex-crime allegations on campus to a preponderance of the evidence, more and more date-rape cases are being brought to court.
The Matt Lauer incident with his coworker, whom he had a dating and sexual relationship with for many months, shows what can happen. She decided she had been overwhelmed by his power and he took advantage of her. And although no criminal charges have been brought, there will be a civil reckoning in court for what is now considered outrageous behavior. In other words, you must be very cautious if you are going to have a sexual relationship with someone you are not married to.
If you, a friend, or another loved one are facing criminal charges due to baseless allegations of date rape, your only realistic option to effectively defend yourself is to seek experienced legal counsel quickly. If you’re innocent of the charge, these serious accusations can cost you your job, your marriage, and ruin your reputation. After all, if revenge or some other reason is behind these frivolous charges, that’s often the primary purpose of the alleged “victim’s false rape allegations against you.
Jack B. Carroll is a Board Certified® criminal-law attorney who is serious about defending his clients and conducts intense investigations for the benefit of the case. If you’re in trouble with the law and you would like to stage a defense, call us today at 713-228-4607.
Date Rape & the Legal System in Texas
Sexual Assault is defined by Texas law as non-consensual sex, of which sex is in-turn defined as the penetration of the anus, vagina, mouth of the victim, or genital contact.
Aggravated sexual assault charges apply when a sexual assault occurs as a result of the threat of violence or the exhibition of a deadly weapon.
The other aggravating factor which was just discussed is the date rape scenario where the victim was incapacitated or “unable to defend themselves” at the time when the sex occurred.
Whether you’re guilty or innocent of the charges against you, you must have legal representation. In our society, many times allegations of sexual assault are used as a weapon to the point that not even people in high-ranking corporate, government or elected office are immune from such slander; and the wreckage it causes to their personal and family lives. If you’re facing criminal charges for date rape, another sex crime, allegations, or even the threat by someone who might make such heinous allegations of a sex crime against you, there are legal options to strike back and effectively defend yourself.
Since 1990 Houston criminal defense lawyer Jack B. Carroll has defended the reputation and freedom of people accused of sex crimes. If you need professional legal help defending your future from the damages a criminal conviction can cause, call us at 713-228-4607.
Houston Lawyer for Date Rape Cases
Jack B. Carroll & Associates
RESOURCES (The following links will take you away from this website.)
- Texas Penal Code Chapter 21: Sexual Offenses
- HPD: Sex Crimes Division
- Houston Chronicle: Texas Sex Abuse Exonerations
- TDCJ: Victim Services Division
- Texas Association Against Sexual Assault